IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF LOUISIANA

KRISTOFFER J. BONILLA )
AND JOHN THOMAS WRAY, )
)
Plaintiffs, )
)
v. ) Civil Action No. ____________________
)
BRENDA HURST, Director of the ) Section “_______”, Mag. “__________”
Orleans Parish Office of Marriage )
Licensing; DARLENE W. )
SMITH, State Registrar of Vital )
Records and Statistics; DR. RONY )
FRANCOLA, Assistant Secretary )
for the Office of Public Health; )
ALAN LEVINE, Secretary of the )
Department of Health and Hospitals; )
and JAMES D. CALDWELL, )
Attorney General, )
)
Defendants.

COMPLAINT

Plaintiffs KRISTOFFER J. BONILLA and JOHN THOMAS WRAY (collectively,

“Plaintiffs”), for their Complaint against Defendants BRENDA HURST, DARLENE W.

SMITH, DR. RONY FRANCOLA, ALAN LEVINE, and JAMES D. CALDWELL (collectively,

“Defendants”), state as follows:

1
 PARTIES

1. Plaintiff Kristoffer J. Bonilla is a citizen of the United States and a resident of

Louisiana.

2. Plaintiff John Thomas Wray is a citizen of the United States and a resident of

Louisiana.

3. Defendant Brenda Hurst is a citizen of the United States and a resident of

Louisiana. Hurst is the Director of the Orleans Parish Office of Marriage Licensing, and, as such,

is the public official charged with reviewing applications for marriage licenses, insuring

compliance with state regulation and issuing licenses to prospective couples. Hurst is sued

herein solely in her official capacity.

4. Defendant Darlene W. Smith is a citizen of the United States and a resident of

Louisiana. Smith is the State Registrar of Vital Records and Statistics of Louisiana, and, as such,

instructs and supervises local registrars by prescribing and furnishing vital statistic forms,

including marriage license forms for use by licensing officials. In addition, Smith arranges and

preserves all registered vital statistics licenses, including marriages, in a comprehensive state

index. Smith is sued herein solely in her official capacity.

5. Defendant Rony Francola is a citizen of the United States and a resident of

Louisiana. Francola is the Assistant Secretary of the Office of Public Health for the State of

Louisiana. As such, upon information and belief, Dr. Francola reports to Levine and is the

official responsible for prescribing and furnishing the forms for the application for the license to

marry, the certificate of registry of marriage, and the marriage certificate. Levine is sued herein

solely in his official capacity.

6. Defendant Alan Levine, M.D., is a citizen of the United States and a resident of

2
Louisiana. Levine is the Louisiana Secretary for the Department of Health and Hospitals, and, as

such, is responsible for enforcing Louisiana laws regulating the licensing of marriage through

oversight and control of both the Office of Public Health and State Registrar of Vital Records

and Statistics. Levine is sued herein solely in his official capacity.

7. Defendant James D. Caldwell is a citizen of the United States and a resident of

Louisiana. Caldwell is the Attorney General for the State of Louisiana, and, as such, bears

ultimate responsibility for enforcing Louisiana’s legal restrictions on the right to marry.

Caldwell is sued herein solely in his official capacity.

JURISDICTION AND VENUE

8. This Court has personal jurisdiction over each of the Defendants, because the

individually named Defendants reside in Louisiana, and the acts and omissions of each

Defendant giving rise to Plaintiffs’ claims occurred in Louisiana.

9. This Court has subject matter jurisdiction over the claims alleged herein pursuant

to 28 U.S.C. §§ 1331 and 1343, because the claims arise under the Civil Rights Act, 42 U.S.C. §

1983.

10. Venue is proper in this Court under 28 U.S.C. § 1391(b), because many or all of

the Defendants reside in this District and a substantial part of the events and omissions giving

rise to Plaintiffs’ claims occurred within this District.

FACTS COMMON TO ALL COUNTS

11. Plaintiffs are both men, and are a same-sex couple in a long term, committed

relationship.

12. On April 2, 2009, Plaintiffs applied for a marriage license at the Orleans Parish

Marriage License Office.

3
 13. Plaintiffs’ application for a marriage license was denied, solely on the grounds

that Plaintiffs are both men and that Article XII, § 15 of the Louisiana Constitution and

Louisiana Civil Code Articles 86, 89, and 3520 deny an individual the right to marry a partner of

the same sex.

14. Plaintiffs are physically, mentally, and emotionally fit, and are in all respects

capable of entering into a committed, married relationship, were they not prohibited from doing

so under the Louisiana Constitution and Louisiana Civil Code.

15. Each of the Defendants herein, in his or her official capacity, is responsible for

implementing and enforcing the prohibition on same sex marriage under the Louisiana

Constitution and Louisiana Civil Code.

16. Each of the Defendants herein, in his or her official capacity, has acted to

implement and enforce the prohibition on same sex marriage under the Louisiana Constitution

and Louisiana Civil Code, and thereby acted to deny Plaintiffs’ application for a marriage

license.

COUNT I: DEPRIVATION OF CIVIL RIGHTS, 42 U.S.C. § 1983

17. For Paragraph 17 of Count I, Plaintiffs adopt and incorporate Paragraphs 1

through 16 by reference, as if the same were fully set forth herein.

18. At all times relevant hereto, Plaintiffs had and have a fundamental right to the

issuance of a marriage license pursuant to the United States Constitution and international law.

Plaintiffs’ fundamental right to the issuance of a marriage license derives from the following

sources:

a. The Free Association, Right to Petition, Free Exercise and Establishment

Clauses of the First Amendment to the United States Constitution;

4
 b. The Eighth Amendment to the United States Constitution;

c. The Ninth Amendment to the United States Constitution;

d. The Tenth Amendment to the United States Constitution;

e. The Due Process and Privileges and Immunities Clauses of the Fourteenth

Amendment to the United States Constitution;

f. The Equal Protection Clause of the Fourteenth Amendment to the United

States Constitution;

g. The Contract Clause of Article I, § 10 of the United States Constitution;

h. The Bill of Attainder Clause of Article I, § 10 of the United States

Constitution;

i. The Supremacy Clause of Article VI of the United States Constitution;

j. Article I, § 3 to the United Nations Charter;

k. Articles 2, 3, 6, 7, 12, 16 and 22 of the Universal Declaration of Human

Rights; and

l. Articles 17, 23, 25 and 26 of the International Covenant on Civil and

Political Rights.

19. By denying Plaintiffs’ application for a marriage license, Defendants violated

Plaintiffs’ fundamental right to the issuance of a marriage license pursuant to the United States

Constitution and international law.

20. Defendants denied Plaintiffs’ application for a marriage license on the basis of

express policies and widespread practices of the State of Louisiana, as expressed in Article XII, §

15 of the Louisiana Constitution and Louisiana Civil Code Articles 86, 89, and 3520.

21. Defendants were acting under color of state law at all times relevant to this

5
Complaint. Specifically, Defendants were acting under color of Article XII, § 15 of the

Louisiana Constitution and Louisiana Civil Code Articles 86, 89, and 3520.

22. Plaintiffs’ fundamental right to the issuance of a marriage license is in need of

protection.

23. As a direct and proximate consequence of Defendants’ acts and omissions as

alleged herein, Plaintiffs have suffered and are continuing to suffer irreparable injury, as they

have been deprived of the ability to marry and the rights and benefits attendant to marriage.

24. Plaintiffs have no adequate remedy at law, as they are being deprived of their

rights under color of Louisiana state law.

25. The balance of equities favors granting Plaintiffs a marriage license, as granting

Plaintiffs a marriage license will not result in any cognizable harm or injury to Defendants,

whereas depriving Plaintiffs of a marriage license has permanently deprived them of the ability

to sanctify their committed relationship, and to exercise all of the rights and benefits attendant to

marriage.

26. There is an actual and substantial controversy between Plaintiffs and Defendants

with respect to whether Plaintiffs have a fundamental right to the issuance of a marriage license

pursuant to the United States Constitution and international law.

27. Declaratory relief is required to address the question of whether Plaintiffs have a

fundamental right to the issuance of a marriage license pursuant to the United States Constitution

and international law.

WHEREFORE, Plaintiffs respectfully pray that this Court enter a Judgment: (1) declaring

that Plaintiffs have a fundamental right to the issuance of a marriage license pursuant to the

United States Constitution and international law; (2) declaring that Article XII, § 15 of the

6
Louisiana Constitution and Louisiana Civil Code Articles 86, 89, and 3520 are invalid because

they are unconstitutional, illegal under international law, or both; (3) enjoining Defendants from

enforcing Article XII, § 15 of the Louisiana Constitution and Louisiana Civil Code Articles 86,

89, and 3520, and prohibiting Defendants from denying an otherwise eligible couple from

receiving a marriage license on the basis of the fact that both members of the couple are of the

same gender; (4) directing Defendants to issue a marriage license to Plaintiffs; (5) awarding

Plaintiffs their costs and fees in accordance with 42 U.S.C. § 1988; and (6) awarding Plaintiffs

such other and further relief as the Court deems necessary or appropriate.

MAY 4, 2009

KRISTOFFER J. BONILLA AND

JOHN THOMAS WRAY, pro se

__________________________________________
Kristoffer J. Bonilla, pro se
kb@nolalaw.net

__________________________________________
John Thomas Wray, pro se
jt@nolalaw.net